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  • From: "Christoph Boecken" <jeriko.one AT gmx.net>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: [cc-licenses] Does this case falls under CC Attribution-NonCommercial 2.5?
  • Date: Thu, 07 Sep 2006 12:54:22 +0200

Hi,

I provide a template design (hosted on my own domain) for the blogging system
WordPress, which is licensed under CC By-NC 2.5, which means that it's not
allowed to use the design for commercial purposes. The relevant part of the
license is quoted below:

"[...]You may not exercise any of the rights granted to You in Section 3
above in any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The exchange of the
Work for other copyrighted works by means of digital file-sharing or
otherwise shall not be considered to be intended for or directed toward
commercial advantage or private monetary compensation, provided there is no
payment of any monetary compensation in connection with the exchange of
copyrighted works...[...] CC By-NC 2.5, Section 4, Part b.

Today I found out about a hosting provider, providing bloggers a platform
with pre-installed WordPress for a monthly fee. They also pre-install my
template design on every new blog hosted there, along with others.

So, my question is: Is this a violation of the license? After all, the
provider doesn't use the theme directly to make money, it's more passive
through the monthly fee for hosting. I don't exactly understand the relevant
part of the license, so if anyone could help me out, I'll really appreciate
it.

Thanks in advance, Christoph
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